- April 18, 2023
Purely Economic Loss Caused by COVID-19 Without Physical Damage to Buildings Does Not Support Claim for Proration of Taxes
Clearview Realty Ventures v. Laconia - April 14, 2023
NH Supreme Court Reverses Superior Court’s Decision Upholding Conditions Placed on Church’s Special Exception Regarding Occupancy & Hours of Operation; Affirms Superior Court’s Decision to Dismiss Constitutional Claims and Grant Wetlands Special Exception
Christ Redeemer Church v. Town of Hanover; Jeff Acker & a. v. Town of Hanover - April 10, 2023
When Granting Waiver of a Conditional Use Permit Under Innovative Land Use Control, HAB Ruled Party Seeking Waiver Must Demonstrate the CUP Regulation Creates an Unreasonable Hardship; HAB Asserted it has Authority to Issue Declaratory Judgements
James Logan v. Town of Candia - January 18, 2023
Planning Board Deviation From Past Practices When Reviewing a Land Use Project Can Result in Reversal of a Board Decision
Appeal of Town of Amherst - December 5, 2022
Equivocal Public Safety Evidence Did Not Support Denial of a Variance on the Issue of Public Safety
46 Martin Road, LLC v. Town of Epping - November 30, 2022
Previously Denied Land Use Application can be Materially Different under Fisher v. Dover if Information Sought at the Time of the First Application is Provided as Part of the Second Application
Transfarmations v. Town of Amherst - November 14, 2022
ZBA Variance Denial Overturned by Housing Appeals Board; Conversion of Obsolete Office Structure to Market Rate Apartments Permitted
Chelmsford Hooksett Properties, LLC v. Town of Hooksett - October 26, 2022
Government Must Provide a Record, if the Records Request Enables a Professional Employee of the Agency who was Familiar with the Subject Area of the Request to Locate the Record with a Reasonable Amount of Effort.
Colquhoun v. City of Nashua - October 4, 2022
Under RSA 672:1, III (e) Municipalities Must Ensure the Exercise of Zoning and Planning Powers do not Discourage the Development of Workforce Housing
Appeal of Town of Windham - May 2, 2022
When Expressing Official Points of View, Local Government Can Control the Content of Signs and Flags Displayed on Municipal Property Under a Written Policy.
Shurtleff v. City of Boston - April 22, 2022
The State Supreme Court Essentially Affirmed the Superior Court’s Opinion that an Investigative Report into a Police Officer’s Conduct is Subject to the Privacy Interest v. Public Interest Balancing Test
Provenza v. Town of Canaan - April 21, 2022
Municipalities Can Adopt Sign Codes that Impose More Stringent Regulations or Prohibitions for Off-premise Signs as Opposed to On-premise Signs
City of Austin v. Reagan National - March 24, 2022
Public Bodies Can Censure Fellow Board Members for Conduct that is Detrimental to the Best Interests of the Public Body
Houston Community College v. Wilson - February 23, 2022
Under RSA 106-H:14 There is a Categoric Exemption for 911 Recordings from the Right-to-Know Law. This Exemption Applies Not Only to the Name, Number and Location of the Caller But Also to the Content of the Recording.
B&C Management v. NH Division of Emergency Services - January 19, 2022
Under RSA 236:112 Property Inundated with Junk is a “Junk Yard” Even if the Owner is Not Selling Junk.
Town of Lincoln v. Joseph Chenard - December 7, 2021
Government Need Only Establish that Disclosure of a Law Enforcement Record Might Risk Circumvention of the Law; in the Right Circumstances Trial Court Review of Right-to-Know Record Disclosure can Occur in an Ex-Parte In Camera Hearing.
ACLU v. City of Concord - November 8, 2021
Cell Tower Location Allowed Where a Gap in Wireless Service Exists.
GMR Holdings v. Lincoln - October 5, 2021
To Permit Removal Under Oath of Office the Divulged Information Must be Defamatory; Notice of a Nonpublic Session Based on Harm to Reputation Need Not be Provided to the Person Whose Reputation Could be Adversely Affected.
Tejasinha Sivalingam v. Frances Newton - October 1, 2021
In Order to Reassess the Value of Taxable Property There Must be a Change in the Market Value; Discovery of an Extreme Underassessment is Insufficient
Merrimack Premium Outlets v. Town of Merrimack - September 28, 2021
Housing Appeals Board Requires Planning Board to Revisit Decision on “Good Cause” to Extend Project Commencement and Completion Deadlines under RSA 674:39, IV
Brady Sullivan Prospect Hill v. City of Lebanon - September 16, 2021
Equalization Ratios May be Applied to Fair Market Value Assessments of Electric Utility Property to Determine Appropriate Abatement
Appeal of Town of Chester & a. - September 16, 2021
Proving Disproportionality Requires a Taxpayer to Establish its Aggregate Valuation is a Higher Percentage of Fair Market Value than Property in the Municipality Generally
Appeal of City of Keene - September 16, 2021
Notice to Abutter is Required when Abutter is “Directly” not “Diagonally” Across a Street; and Planning Board Condition that Approvals be Obtained from all Necessary Approving Bodies Validates Conditional Approval
Seabrook Onestop, Inc. & a. v. Town of Seabrook & a. - September 14, 2021
Owner-Occupation Requirements in Local Zoning Ordinance Can Limit Impact of Short-Term Rentals on Local Real Estate Market
Christopher Andrews & Kelly Andrews v. Kearsarge Lighting Precinct - June 30, 2021
Select Board Decision Denying Reclassification of a Class VI Road as Class V Vacated and Remanded due to Improper Consideration of the Impact of a Residential Project
William Evans, Trustee v. Town of Pembroke
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